Filing # 126423891 E-Filed 05/07/2021 05:23:38 PM
IN THE DISTRICT COURT OF APPEAL FOR THE FIRST DISTRICT, STATE OF FLORIDA
Case No. 1D19-3653
FLORIDA DEPARTMENT OF TRANSPORTATION,
Appellant, v.
MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY and FLORIDA HOUSE OF REPRESENTATIVES,
Appellees.
APPENDIX TO APPELLEE MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY’S RESPONSE TO APPELLANT FDOT’S MOTION TO EXPEDITE MDX’S MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION OF A QUESTION OF GREAT PUBLIC IMPORTANCE, AND FDOT’S MOTION FOR SANCTIONS OR OTHER RELIEF TO ENFORCE THE AUTOMATIC STAY RECEIVED, 05/07/2021 05:24:28 PM, Clerk, First District Court of Appeal INDEX TO APPENDIX Page Document 1-8 May 4, 2021 Memorandum/Ordinance relating to Miami-Dade County Expressway Authority 9-12 May 4, 2021 Miami-Dade Board of County Commissioners Meeting Agenda with Minutes 13 May 4, 2021 Social Equity Statement for Ordinance Relating to Miami- Dade County Expressway Authority 14-15 April 5, 2021 Press Release-FDOT to Host Greater Miami Expressway Authority Public Meeting on April 9, 2021
Respectfully submitted,
s/ Glenn Burhans, Jr. Glenn Burhans, Jr. Eugene E. Stearns Florida Bar No. 0605867 Florida Bar No. 0149335 [email protected] [email protected] Kelly O’Keefe Stearns Weaver Miller Florida Bar No. 12718 Weissler [email protected] Alhadeff & Sitterson, P.A. Bridget Smitha Museum Tower Florida Bar No. 0709581 150 W. Flagler St., Suite 2200 [email protected] Miami, Florida 33130 Melanie Leitman Telephone: (305) 789-3200 Florida Bar No. 91523 [email protected] Kirk D. DeLeon Stearns Weaver Miller Florida Bar No. 989959 Weissler [email protected] Alhadeff & Sitterson, P.A. DeLeon & DeLeon Highpoint Center 44 W. Flagler Street 106 E. College Ave. - Suite 700 Suite 2250 Tallahassee, FL 32301 Miami, FL 33130-6819 Telephone: (850) 580-7200 Telephone (305) 374-5494
Counsel for Respondent Miami-Dade County Expressway Authority MEMORANDUM Substitute Agenda Item No. 5(A)
TO: Honorable Chairman Jose "Pepe" Diaz DATE: May 4, 2021 and Members, Board of County Commissioners
FROM: Geri Bonzon-Keenan SUBJECT: Ordinance relating to the County Attorney Miami-Dade County Expressway Authority; exercising Miami- Dade County’s Home Rule powers preserved within Article VIII, section 6 of the Florida Constitution of 1968 and the Miami-Dade County Home Rule Charter; superseding and nullifying the special act contained in sections 13, 14, 15, 16 and 17 of Chapter 2019-169 of the Laws of Florida; abolishing The Greater Miami Expressway Agency in Miami- Dade County created by such act
This substitute differs from the original in that section 5 of the ordinance is amended to set forth that the creditors of the governmental unit that is being abolished are protected by the following: (1) all assets, facilities, tangible and intangible property, liability for any bonds, and any other rights or obligations of the Miami-Dade County Expressway Authority that were transferred to the Greater Miami Expressway Authority under Chapter 2019-169 revert, by operation of law, to the Miami-Dade County Expressway Authority and (2) any additional assets obtained or liability incurred by the Greater Miami Expressway Authority under any apparent authority shall, by operation of law, become the responsibility of the Miami-Dade County Expressway Authority.
The accompanying ordinance was prepared and placed on the agenda at the request of Co-Prime Sponsors Commissioner Joe A. Martinez and Chairman Jose "Pepe" Diaz, and Co-Sponsors Commissioner Sally A. Heyman, Commissioner Kionne L. McGhee and Senator Javier D. Souto.
______Geri Bonzon-Keenan County Attorney
GBK/smm
1 MDX Appendix 001 Honorable Chairman Jose "Pepe" Diaz May 4, 2021 and Members, Board of County Commissioners
Substitute 5(A) County Attorney
2 MDX Appendix 002 Substitute Approved Mayor Agenda Item No. 5(A) Veto ______5-4-21 Override ______
ORDINANCE NO.
ORDINANCE RELATING TO THE MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY; EXERCISING MIAMI-DADE COUNTY’S HOME RULE POWERS PRESERVED WITHIN ARTICLE VIII, SECTION 6 OF THE FLORIDA CONSTITUTION OF 1968 AND THE MIAMI-DADE COUNTY HOME RULE CHARTER; SUPERSEDING AND NULLIFYING THE SPECIAL ACT CONTAINED IN SECTIONS 13, 14, 15, 16 AND 17 OF CHAPTER 2019-169 OF THE LAWS OF FLORIDA; ABOLISHING THE GREATER MIAMI EXPRESSWAY AGENCY IN MIAMI-DADE COUNTY CREATED BY SUCH ACT; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE
WHEREAS, on November 6, 1956, the people of Florida amended the Florida
Constitution by adopting Article VIII, Section 11 of the Florida Constitution of 1885, preserved in
Article VIII, Section 6 of the Florida Constitution of 1968 (“Home Rule Amendment”), which authorized the people of Miami-Dade County to adopt a home rule charter; and
WHEREAS, the Home Rule Amendment provides that, upon the adoption of the Home
Rule Charter, the people of Miami-Dade County would have the power, among others, to “abolish
... authorities, boards, or other governmental units whose jurisdiction lies wholly within Dade
County, whether such governmental units are created by the Constitution or the Legislature or otherwise...,” and that the Legislature would relinquish its power to enact special laws that apply only to Miami-Dade County; and
WHEREAS, on May 21, 1957 the electors of Miami-Dade County adopted a home rule charter (“Miami-Dade County Home Rule Charter”); and
3 MDX Appendix 003 Substitute Agenda Item No. 5(A) Page 2
WHEREAS, pursuant to sections 1.01(A)(11), (19), and (24) of the Miami-Dade County
Home Rule Charter, the Board of County Commissioners was granted “the power to carry on a central metropolitan government” including, but not limited to, the authority to abolish special purpose districts and “any county office created by the Legislature” and to “[s]upersede, nullify, or amend any special law applying to this county, or any general law applying only to this county, or any general law where specifically authorized by the Constitution”; and
WHEREAS, section 9.04 of the Miami-Dade County Home Rule Charter contains a supremacy clause that provides:
A. This Charter and the ordinances adopted hereunder shall in cases of conflict
supersede all municipal charters and ordinances, except as herein provided, and where
authorized by the Constitution, shall in cases of conflict supersede all special and general
laws of the state.
B. All other special and general laws and county ordinances and rules, and regulations
not inconsistent with this Charter shall continue in effect until they are superseded by
ordinance adopted by the board pursuant to this Charter and the Constitution; and
WHEREAS, on December 13, 1994, the Miami-Dade County Board of County
Commissioners adopted Ordinance 94-215, forming the Dade County Expressway Authority (now known as the Miami-Dade County Expressway Authority) pursuant to the Florida Expressway
Authority Act; and
WHEREAS, the Florida Expressway Authority Act is a general law which allowed some
Florida home rule counties to form agencies of the state known as expressway authorities “to acquire, hold, construct, improve, maintain, operate, and own expressway systems” consisting of state roads; and
4 MDX Appendix 004 Substitute Agenda Item No. 5(A) Page 3
WHEREAS, on May 3, 2019 the Florida Legislature, by sections 13, 14, 15, 16, and 17 of
Chapter 2019-169 of the Laws of Florida (the “Greater Miami Expressway Agency Act”), attempted to create the Greater Miami Expressway Agency wholly within Miami-Dade County, abolish the Miami-Dade Expressway Authority, and transfer all the assets, liabilities, and powers from the Miami-Dade Expressway Authority to the new agency; and
WHEREAS, the Greater Miami Expressway Agency Act relates exclusively to Miami-
Dade County in that it, among things: (1) creates an agency of the state that exists only in Miami-
Dade County; (2) restricts the appointment authority of Miami-Dade County and the County’s
Transportation Planning Organization by prohibiting them from appointing members of the abolished Miami-Dade County Expressway Authority to the new Agency’s board; (3) requires the governing body of the only agency capable of being created under the act to review the Miami-
Dade Expressway Authority’s employees to determine whether those employees will keep their jobs; (4) defines the term “Agency” as only meaning the Greater Miami Expressway Agency; (5) prohibits anyone who has lobbied the Miami-Dade Expressway Authority within the previous four years from serving as an officer of the new agency; (6) prohibits anyone who has been an employee of a person or entity that has done business with the former Miami-Dade County Expressway
Authority from serving as an officer of the new agency; (7) imposes restrictions on former officers, employees, or consultants of the Miami-Dade County Expressway Authority; (8) creates a toll rebate program only within Miami-Dade County; (9) transfers the governance and control of the
Miami-Dade County Expressway Authority to the Greater Miami Expressway Authority; and (10) dissolves only the Miami-Dade County Expressway Authority and impacts no other expressway authority in Florida; and
5 MDX Appendix 005 Substitute Agenda Item No. 5(A) Page 4
WHEREAS, this Board finds that the Greater Miami Expressway Agency Act only operates in Miami-Dade County and relates exclusively to Miami-Dade County, and is therefore a special law (or a general law applying only in Miami-Dade County) in violation of the Home
Rule Amendment to the Florida Constitution; and
WHEREAS, this Board finds that the Florida legislature’s attempt to abolish the Miami-
Dade County Expressway Authority, create the Greater Miami Expressway Agency, and transfer all the assets, liabilities, and powers from the Miami-Dade Expressway Authority to the new agency is an infringement upon the local home rule authority granted to the people of Miami-Dade
County; and
WHEREAS, on September 19, 2000, this Board adopted Ordinance No. 00-111 to exercise authority under the Miami-Dade County Home Rule Charter and Home Rule Amendment to the
Florida Constitution to supersede and nullify a similar special law and abolish a similar local board created by the Florida legislature to divert a portion of indigent care surtax funds from public general hospitals in Miami-Dade County to private hospitals in Miami-Dade County; and
WHEREAS, on September 4, 2002, the Florida Third District Court of Appeal agreed holding that the law “as written, is applicable only to Miami-Dade County, and therefore, is an unconstitutional special law;” and
WHEREAS, under these similar circumstances, this Board wishes to exercise its responsibility and authority under the Miami-Dade County Home Rule Charter and Home Rule
Amendment to the Florida Constitution, and abolish the Greater Miami Expressway Agency,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitations are hereby incorporated by reference.
6 MDX Appendix 006 Substitute Agenda Item No. 5(A) Page 5
Section 2. This Board finds that sections 13, 14, 15, 16 and 17 of Chapter 2019-169 of the Laws of Florida together constitute a special law applying only to Miami-Dade County (or a general law applying only in Miami-Dade County) that is inconsistent with the common interest of the people of Miami-Dade County.
Section 3. This Board, in the exercise of the home rule powers vested in Miami-Dade
County by Article VIII, Section 6 of the Florida Constitution of 1968 and the Miami-Dade County
Home Rule Charter, hereby supersedes and nullifies Sections 13, 14, 15, 16, 17 of Chapter 2019-
169 of the Laws of Florida.
Section 4. This Board further finds that the Greater Miami Expressway Agency, created or required to be created by Section 15 of Chapter 2019-169 of the Laws of Florida, is an agency whose jurisdiction lies wholly within Miami-Dade County that is inconsistent with the common interest of the people of Miami-Dade County.
Section 5. This Board, in the exercise of the home rule powers vested in Miami-Dade
County by Article VIII, Section 6 of the Florida Constitution of 1968 and the Miami-Dade County
Home Rule Charter, hereby abolishes the board, offices, and functions of the Greater Miami
Expressway Agency created or required to be created by Section 15 of Chapter 2019-169. >>In addition, by virtue of the abolition of the Greater Miami Expressway Authority and the nullification of Sections 13, 14, 15, 16, 17 of Chapter 2019-169 of the Laws of Florida, (1) all assets, facilities, tangible and intangible property, liability for any bonds, and any other rights or obligations of the Miami-Dade County Expressway Authority that were transferred to the Greater
Miami Expressway Authority under Chapter 2019-169 revert, by operation of law, to the Miami-
7 MDX Appendix 007 Substitute Agenda Item No. 5(A) Page 6
Dade County Expressway Authority and (2) any additional assets obtained or liability incurred by the Greater Miami Expressway Authority under any apparent authority shall, by operation of law, become the responsibility of the Miami-Dade County Expressway Authority.<<1
Section 6. The County Attorney is authorized to prosecute or defend any lawsuits to ensure that the purpose and intent of this ordinance are fulfilled.
Section 7. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 8. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall be excluded from the Code of Miami-Dade County, Florida.
Section 9. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
PASSED AND ADOPTED:
Approved by County Attorney as to form and legal sufficiency: ______
Prepared by: ______
Oren Rosenthal
Co-Prime Sponsors: Commissioner Joe A. Martinez Chairman Jose "Pepe" Diaz Co-Sponsors: Commissioner Sally A. Heyman Commissioner Kionne L. McGhee Senator Javier D. Souto
1 The differences between the substitute and the original item are indicated as follows: Words double stricken through and/or [[double bracketed]] are deleted, words double underlined and/or >>double arrowed<< are added.
8 MDX Appendix 008 5/7/2021 Miami-Dade Commission Agenda Miami-Dade Board of County Commissioners Agenda OFFICIAL Version
Tuesday, May 4, 2021 9:30:00 AM Legislative Commission Chambers Survey ADA Notice Printable PDF Format
Disclaimer Agenda Definitions
County Commission Rules - Rule 6.05 DECORUM "Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the commission, shall be barred from further audience before the commission by the presiding officer, unless permission to continue or again address the commission be granted by the majority vote of the commission members present. No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. No signs or placards shall be allowed in the commission chambers. Persons exiting the commission chamber shall do so quietly.
The use of cell phones in the commission chambers is not permitted. Ringers must be set to silent mode to avoid disruption of proceedings. Individuals, including those on the dais, must exit the chambers to answer incoming cell phone calls. County employees may not use cell phone cameras or take digital pictures from their positions on the dais.
Miami-Dade County provides equal access and equal opportunity and does not discriminate on the basis of disability in its programs or services. If you need a sign language interpreter or materials in accessible format for this event, please contact the Miami-Dade County Agenda Coordinator’s Office at 305-375-2035 or [email protected] at least five days in advance.
When a resolution or ordinance is placed on the agenda at the request of a commissioner, the commissioner who requested the preparation of the item shall be designated as the prime sponsor. Any other commissioner who wishes to sponsor the resolution or ordinance shall be designated as a co-sponsor. Pursuant to Rule 5.06(h), where a commissioner is listed as a sponsor, the first named commissioner is the prime sponsor and all other named commissioners are co-sponsors."
1A INVOCATION AS PROVIDED IN RULE 5.05(H) 1B ROLL CALL 1C PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS (SCHEDULED TO BEGIN AT 8:30 1D AM)
1D1
Special 210849 Eileen Higgins, Prime Sponsor Presentation
SPECIAL PRESENTATION OF THE DISTRICT 5 VILOMAH AWARD TO RAUL PINO
5/4/2021 Presented
1D2 MDX Appendix 009 www.miamidade.gov/govaction/commagenda.asp?cmbmeetdate=4590&file=true&changes=false&auditor=false 1/47 5/7/2021 Miami-Dade Commission Agenda
210995 Ordinance Sally A. Heyman, Prime Sponsor
ORDINANCE RELATING TO VEHICLES AND PARKING; REPEALING AND REPLACING SECTIONS 30-201 THROUGH 30-420 OF CHAPTER 30 OF THE PDF CODE OF MIAMI-DADE COUNTY, FLORIDA (“CODE”) AND RENUMBERING SECTIONS 30-421, 30-422 AND 30-423 OF THE CODE; REVISING COUNTY AUTHORITY AND REGULATIONS RELATING TO TRAFFIC, PRIVATE SCHOOL BUS INSPECTIONS, SPEED ZONES, WEIGHT AND HEIGHT LIMITS ON COUNTY ROADS, BICYCLE REGISTRATION, AND USE OF ALL TERRAIN VEHICLES ON PRIVATE PROPERTY TO CONFORM TO STATE LAW; PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING ARTICLES II AND IIA OF CHAPTER 30; REVISING COUNTY PARKING REGULATIONS, INCLUDING VIOLATIONS, ENFORCEMENT, AND PENALTIES, AND REGULATIONS ON IMPOUNDMENT AND IMMOBILIZATION OF VEHICLES TO CONFORM TO STATE LAW AND ADVANCEMENTS IN PARKING PAYMENT TECHNOLOGY AND PASSENGER SERVICES, ELIMINATE ADDITIONAL COSTS FOR NON-PAYMENT AFTER 30 DAYS, PROVIDE FOR CREATION OF UNIFORM PARKING CITATION FORM, AND PROVIDE ADDITIONAL PARKING RULES FOR SEAPORT; REPEALING PARKING RULES AND REGULATIONS FOR AVIATION, SEAPORT, PARKS AND TRANSIT DEPARTMENTS; CONSOLIDATING PARKING REGULATIONS, INCLUDING FOR AVIATION, SEAPORT, PARKS AND TRANSIT DEPARTMENTS, INTO CHAPTER 30; AMENDING SECTIONS 25-8, 26-1, 28A-3.4 AND 30B-6; AMENDING SECTION 8CC-10; CREATING AND REPEALING CERTAIN PENALTIES; MAKING TECHNICAL AMENDMENTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE(Office of Management and Budget)
4/26/2021 Requires Municipal Notification
5/4/2021 Adopted on first reading Passed 13 - 0
5/4/2021 Tentatively scheduled for a public hearing before the Community Safety and Security Committee Hearing Date: 7/15/2021
4J
211030 Ordinance Jose "Pepe" Diaz, Prime Sponsor
ORDINANCE RELATING TO PROPOSED MUNICIPAL BOUNDARY CHANGES AND CONTIGUITY, ENCLAVES, THE URBAN DEVELOPMENT BOUNDARY, AND PDF JOINT MUNICIPAL BOUNDARY CHANGE REQUESTS; AMENDING SECTIONS 20-3.1 AND 20-5 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROHIBITING THE FILING AND CONSIDERATION OF PROPOSED BOUNDARY CHANGES UNDER CERTAIN CIRCUMSTANCES AND PROVIDING FOR PROCEDURES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
4/27/2021 Requires Municipal Notification
5/4/2021 Adopted on first reading Passed 13 - 0
5/4/2021 Tentatively scheduled for a public hearing before the Chairmans Council for Prosperity Initiatives Hearing Date: 7/16/2021 5 PUBLIC HEARINGS (Scheduled for 9:30 a.m.)
5A
Joe A. Martinez, Co-Prime Sponsor Jose "Pepe" Diaz, Co-Prime Sponsor 210860 Ordinance Sally A. Heyman, Co-Sponsor Kionne L. McGhee, Co-Sponsor Sen. Javier D. Souto, Co-Sponsor
MDX Appendix 010 www.miamidade.gov/govaction/commagenda.asp?cmbmeetdate=4590&file=true&changes=false&auditor=false 14/47 5/7/2021 Miami-Dade Commission Agenda
ORDINANCE RELATING TO THE MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY; EXERCISING MIAMI-DADE COUNTY’S HOME RULE POWERS PDF PRESERVED WITHIN ARTICLE VIII, SECTION 6 OF THE FLORIDA CONSTITUTION OF 1968 AND THE MIAMI-DADE COUNTY HOME RULE CHARTER; SUPERSEDING AND NULLIFYING THE SPECIAL ACT CONTAINED IN SECTIONS 13, 14, 15, 16 AND 17 OF CHAPTER 2019-169 OF THE LAWS OF FLORIDA; ABOLISHING THE GREATER MIAMI EXPRESSWAY AGENCY IN MIAMI-DADE COUNTY CREATED BY SUCH ACT; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE
4/20/2021 Adopted on first reading Passed 11 - 2
4/20/2021 Tentatively scheduled for a public hearing before the BCC Hearing Date: 5/4/2021
5/4/2021 Withdrawn
5A Supplement
211086 Supplement
SOCIAL EQUITY STATEMENT TO ORDINANCE RELATING TO THE MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY; EXERCISING MIAMI-DADE COUNTY’S PDF HOME RULE POWERS PRESERVED WITHIN ARTICLE VIII, SECTION 6 OF THE FLORIDA CONSTITUTION OF 1968 AND THE MIAMI-DADE COUNTY HOME Add-on RULE CHARTER; SUPERSEDING AND NULLIFYING THE SPECIAL ACT CONTAINED IN SECTIONS 13, 14, 15, 16 AND 17 OF CHAPTER 2019-169 OF THE LAWS OF FLORIDA; ABOLISHING THE GREATER MIAMI EXPRESSWAY AGENCY IN MIAMI-DADE COUNTY CREATED BY SUCH ACT
5/4/2021 Withdrawn
5A Supplement No. 2
211114 Supplement
FISCAL IMPACT STATEMENT TO ORDINANCE RELATING TO THE MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY; EXERCISING MIAMI-DADE COUNTY’S PDF HOME RULE POWERS PRESERVED WITHIN ARTICLE VIII, SECTION 6 OF THE FLORIDA CONSTITUTION OF 1968 AND THE MIAMI-DADE COUNTY HOME Add-on RULE CHARTER; SUPERSEDING AND NULLIFYING THE SPECIAL ACT CONTAINED IN SECTIONS 13, 14, 15, 16 AND 17 OF CHAPTER 2019-169 OF THE LAWS OF FLORIDA; ABOLISHING THE GREATER MIAMI EXPRESSWAY AGENCY IN MIAMI-DADE COUNTY CREATED BY SUCH ACT
5/4/2021 Withdrawn
5A SUBSTITUTE
Joe A. Martinez, Co-Prime Sponsor Jose "Pepe" Diaz, Co-Prime Sponsor Sally A. Heyman, Co-Sponsor 211028 Ordinance Danielle Cohen Higgins, Co-Sponsor Kionne L. McGhee, Co-Sponsor Jean Monestime, Co-Sponsor Sen. Javier D. Souto, Co-Sponsor
ORDINANCE RELATING TO THE MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY; EXERCISING MIAMI-DADE COUNTY’S HOME RULE POWERS PDF PRESERVED WITHIN ARTICLE VIII, SECTION 6 OF THE FLORIDA CONSTITUTION OF 1968 AND THE MIAMI-DADE COUNTY HOME RULE MDX Appendix 011 www.miamidade.gov/govaction/commagenda.asp?cmbmeetdate=4590&file=true&changes=false&auditor=false 15/47 5/7/2021 Miami-Dade Commission Agenda CHARTER; SUPERSEDING AND NULLIFYING THE SPECIAL ACT CONTAINED IN SECTIONS 13, 14, 15, 16 AND 17 OF CHAPTER 2019-169 OF THE LAWS OF FLORIDA; ABOLISHING THE GREATER MIAMI EXPRESSWAY AGENCY IN MIAMI-DADE COUNTY CREATED BY SUCH ACT; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 210860]
5/4/2021 Adopted Passed 12 - 1
5A SUBSTITUTE SUPPL
211087 Supplement
SOCIAL EQUITY STATEMENT TO ORDINANCE RELATING TO THE MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY; EXERCISING MIAMI-DADE COUNTY’S PDF HOME RULE POWERS PRESERVED WITHIN ARTICLE VIII, SECTION 6 OF THE FLORIDA CONSTITUTION OF 1968 AND THE MIAMI-DADE COUNTY HOME Add-on RULE CHARTER; SUPERSEDING AND NULLIFYING THE SPECIAL ACT CONTAINED IN SECTIONS 13, 14, 15, 16 AND 17 OF CHAPTER 2019-169 OF THE LAWS OF FLORIDA; ABOLISHING THE GREATER MIAMI EXPRESSWAY AGENCY IN MIAMI-DADE COUNTY CREATED BY SUCH ACT
5/4/2021 Presented
5A SUB SUPPL NO. 2
211115 Supplement
FISCAL IMPACT STATEMENT TO ORDINANCE RELATING TO THE MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY; EXERCISING MIAMI-DADE COUNTY’S PDF HOME RULE POWERS PRESERVED WITHIN ARTICLE VIII, SECTION 6 OF THE FLORIDA CONSTITUTION OF 1968 AND THE MIAMI-DADE COUNTY HOME Add-on RULE CHARTER; SUPERSEDING AND NULLIFYING THE SPECIAL ACT CONTAINED IN SECTIONS 13, 14, 15, 16 AND 17 OF CHAPTER 2019-169 OF THE LAWS OF FLORIDA; ABOLISHING THE GREATER MIAMI EXPRESSWAY AGENCY IN MIAMI-DADE COUNTY CREATED BY SUCH ACT
5/4/2021 Presented
5B
210922 Resolution Rebeca Sosa, Prime Sponsor
RESOLUTION CODESIGNATING THAT PORTION OF CURTISS PARKWAY PDF BETWEEN DEER RUN AND PINECREST DRIVE AS “SEBASTIAN ORTIZ WAY”
5/4/2021 Adopted Passed 13 - 0
5B SUPPLEMENT
211094 Supplement
SUPPLEMENTAL REPORT REGARDING RESOLUTION CODESIGNATING THAT PORTION OF CURTISS PARKWAY BETWEEN DEER RUN AND PINECREST Add-on PDF DRIVE AS “SEBASTIAN ORTIZ WAY”(Clerk of the Board)
5/4/2021 Presented
5C MDX Appendix 012 www.miamidade.gov/govaction/commagenda.asp?cmbmeetdate=4590&file=true&changes=false&auditor=false 16/47 Date: May 4, 2021 Supplement To: Honorable Chairman Jose “Pepe” Diaz Agenda Item No. 5(A) Substitute and Members, Board of County Commissioners From: Daniella Levine Cava Mayor Subject: Social Equity Statement for Ordinance Relating to Miami-Dade County Expressway Authority
This ordinance establishes the Board of County Commissioners (Board) policy that it finds that the Greater Miami Expressway Agency, created or required to be created by Section 15 of Chapter 2019-169 of the Laws of Florida, is an agency whose jurisdiction lies wholly within Miami-Dade County that is inconsistent with the common interest of the people of Miami-Dade County.
The purpose of this ordinance is to exercise the home rule powers vested in Miami-Dade County by Article VIII, Section 6 of the Florida Constitution of 1968 and the Miami-Dade County Home Rule Charter in order to abolish the board, offices, and functions of the Greater Miami Expressway Agency.. The ordinance further authorizes the County Attorney to defend any lawsuits to ensure that the purpose and intent are fulfilled.
Local control of highways allows for decision-making closer to the users of the toll roads.
______Jimmy Morales Chief Operations Officer
1 MDX Appendix 013
Florida Department of Transportation RON DESANTIS 1000 NW 111 Avenue KEVIN J. THIBAULT, P.E. GOVERNOR Miami, Florida 33172 SECRETARY
For Immediate Release Contact: Tish Burgher April 5, 2021 (305) 470-5277 | [email protected]
FDOT to Host Greater Miami Expressway Authority Public Meeting Friday, April 9, 2021
MIAMI, Fla. – The Florida Department of Transportation, District Six, will host the Greater Miami Expressway Authority Public Meeting, in person, beginning at 9 a.m., Friday, April 9, 2021 at the District Six Auditorium, 1000 NW 111 Avenue, Miami, FL 33172. The meeting agenda is as follows:
• Administering Oath of Office for All Board Members • Call to Order • Roll Call • Introduction of Board Members • New Business o Executive Director’s Report ▪ Status of Agency ▪ Update on Agency Operations and COVID-19 Impacts ▪ Financial Update (Revenue, Debt, etc.) ▪ Human Resources Update – Key Vacancies ▪ Upcoming Procurements ▪ Immediate Needs/Concerns o FDOT District Six Update • Announcements o Next Meeting: TBD • Adjournment
Section 286.0105, Florida Statutes states that if a person decides to appeal any decision made by a board, agency, or commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Any written public comments that are to be submitted to the Board shall be sent to Stacy Miller, Florida Department of Transportation District 6 Secretary, by emailing [email protected] or by telephone at (305) 470-5197. All written public comments must be received 24 hours before the start of the meeting to be included as part of the record. All comments will be shared with Board Members but only comments related to Board items being voted upon will be included in the record. Please indicate the agenda item number related to your comments in your email subject heading.
In accordance with the Americans with Disabilities Act (ADA), if any person with a disability as defined by the ADA needs special accommodation to participate in this proceeding, then not later than two (2) business days prior to the proceeding, he or she should contact Stacy Miller.
MDX Appendix 014 Persons who require translation services, which are provided at no cost, should contact Stacy Miler at least two (2) business days prior to the event.
Please note that participants attending are subject to certain limitations and restrictions in order to adhere to CDC guidelines and ensure the safety and welfare of the public.
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Improve Safety, Enhance Mobility, Inspire Innovation FDOTMiamiDade.com | @MyFDOT_Miami | Facebook.com/MyFDOTMiami
The Florida Department of Transportation’s mission is to provide a safe transportation system that ensures the mobility of people and goods, enhances economic prosperity, and preserves the quality of the state’s environment and communities. The department is committed to building a transportation system that not only fits the current needs of Florida’s residents and visitors, but also enhances mobility throughout the state to accommodate its consistent and rapid growth. The unique nature of the Sunshine State and its year-round warm climate provides numerous opportunities to achieve the department’s mission through multiple transportation modes including highways/streets, air, rail, sea, spaceports, transit, and the ever-expanding deployment of bicycle & pedestrian facilities
MDX Appendix 015